foreign intelligence coming in. and i trust them. and i think the american people should trust them. >> foreign intelligence court, right? the problem is yahoo and google aren't foreign, a lot of user accounts are right here in america. they are data mining it. that's what the "the washington post" found out. my point is in order to do that you need probable cause and they are not doing that first. >> or you can have a special presidential directive which they do have in certain cases. look, eric, at the end of the day. >> but that's a problem. that's my problem. a special presidential directive. it's like the executive order pen. here is where the right is. the right is in the constitution. he by passing the constitution. >> there is no question about that. >> go ahead. >> we can't have a system of government where republicans only trust the republicans. and the democrats on trust the democrats. we have to rely on congressional oversight. this is a very serious program. and, let's remember, that people like glen greenawalt have neve